Lawyers representing a man whose home was demolished to allow Makana Municipality to build a heritage site will appeal a judgment in favour of the municipality.
Lawyers representing a man whose home was demolished to allow Makana Municipality to build a heritage site will appeal a judgment in favour of the municipality.
Speaking to Grocott's Mail on Tuesday Lindani Donyeli's legal representative Cameron McConnachie said they had lost the case but had taken it on appeal.
Donyeli, 38, used to live just behind Nathaniel Nyaluza Secondary School in his family home.
He said he had been there since 1979, when he was three.
Donyeli is unemployed and has five children aged 19, 18, 17, 16 and 2.
His family home is situated near the Egazini memorial battlefield in Fingo Village.
In a to-and-fro legal battle, the municipally sought an order from the Grahamstown Magistrate's Court to evict Donyeli from the house in 2008.
In court documents the municipality said the land was classified as a heritage site. Donyeli said he was not against leaving the property, but demanded fair compensation.
The Municipality denied his request and initiated court proceedings to have him evicted.
However, the 38-year-old had opposed this application and the matter was subsequently set down for argument on 27 May 2014.
When Grocott's Mail visited the house in May, a sign on the door read, "Do not destroy. By court order. See attached."
Legal Resources Centre lawyer Cameron McConnachie said a court order had been obtained after officials began bulldozing the house, while the matter was still in court.
In court papers Donyeli claims that on 9 May 2014, the municipality unlawfully deprived him of possession of part of the property by demolishing part of it using a bulldozer, without giving him any notice of their intention to destroy the property.
The court had granted an interdict against any more destruction of the house, however the house was later demolished after the LRC had lost the case.
In a judgment delivered on 24 June the magistrate found that the applicant had provide the respondent with an alternative accommodation which is just and equitable and which is safer than Donyeli's demolished property. The applicant's eviction under the above circumstances is granted.
The order further indicates that the court has not inherent powers to make an order for damages claimed, and therefore the claim was dismissed and Donyeli is to pay the costs of the application.
